Checking Robert Mueller

From Kim Strassel, at WSJ:

Robert Mueller has operated for 19 months as a law unto himself, reminding us of the awesome and destructive powers of special counsels. About the only possible check on Mr. Mueller is a judge who is wise to the tricks of prosecutors and investigators. Good news: That’s what we got this week.

Former national security adviser Mike Flynn a year ago pleaded guilty to one count of lying to the Federal Bureau of Investigation about his conversations with Russia’s ambassador to the U.S. Mr. Flynn’s defense team this week filed a sentencing memo to Judge Emmet Sullivan that contained explosive new information about the Flynn-FBI meeting in January 2017.

It was arranged by then-Deputy FBI Director Andrew McCabe, who personally called Mr. Flynn on other business, then suggested he sit down with two agents to clear up the Russia question. Mr. McCabe urged Mr. Flynn to conduct the interview with no lawyer present—to make things easier.

The agents (including the infamous Peter Strzok) showed up within two hours. They had already decided not to inform Mr. Flynn that they had transcripts of his conversations or give him the standard warning against lying to the FBI. They wanted him “relaxed” and “unguarded.” Former Director James Comey this weekend bragged on MSNBC that he would never have “gotten away” with such a move in a more “organized” administration.

The whole thing stinks of entrapment, though the curious question was how the Flynn defense team got the details. The court filing refers to a McCabe memo written the day of the 2017 meeting, as well as an FBI summary—known as a 302—of the Flynn interview. These are among documents congressional Republicans have been fighting to obtain for more than a year, only to be stonewalled by the Justice Department. Now we know why the department didn’t want them public.

They have come to light thanks to a man who knows well how men like Messrs. Mueller and Comey operate: Judge Sullivan. He sits on the U.S. District Court in the District of Columbia, and as he wrote for the Journal last year, he got a “wake-up call” in 2008 while overseeing the trial of then-Sen. Ted Stevens of Alaska. Judge Sullivan ultimately assigned a lawyer to investigate Justice Department misconduct.

The investigator’s report found prosecutors had engaged in deliberate and repeated ethical violations, withholding key evidence from the defense. It also excoriated the FBI for failing to write up 302s and for omitting key facts from those it did write. The head of the FBI was Mr. Mueller...

Still more.

Kim Strassel's the best. Seriously.

My latest on the Flynn case and Judge Emmet Sullivan---a judge for these prosecutorial times.https://t.co/cVk0aGZQVR via @WSJOpinion

— Kimberley Strassel (@KimStrassel) December 14, 2018

1) The information contained in the Flynn defense filing about FBI behavior is pretty concerning, and I encourage folks to read it themselves: https://t.co/hdU7DSx4wv

— Kimberley Strassel (@KimStrassel) December 12, 2018

2) Remember, at this time, the FBI's investigation was still secret. Flynn did nothing wrong in contacting the ambassador, and had no reason to believe himself in legal jeopardy. Meanwhile, this was a man with 33 years of exceptional military service.

— Kimberley Strassel (@KimStrassel) December 12, 2018

3) A paratrooper, Army Ranger, intelligence officer, three-star-general, and then National Security Adviser. That's a resume that earns you benefit of doubt. FBI had the transcripts of the ambassador conversation and could have just noted that and asked him about it.

— Kimberley Strassel (@KimStrassel) December 12, 2018

4) Instead, it looks like they set this up to catch him in a lie. They don't tell him about transcript. They encourage him to do the interview with no lawyer. Also deliberately choose not to give him standard warnings on lying. This is how our law enforcement operates?

— Kimberley Strassel (@KimStrassel) December 12, 2018

5) Ask which sounds more likely: That a highly decorated military officer invited FBI officials to his office (with no legal counsel) in order to tell bold-faced lies? Or, as initially reported, he just forgot details of conversation?

— Kimberley Strassel (@KimStrassel) December 12, 2018

6) Also worth noting that two FBI officials behind this moment have themselves been fired for misconduct: Andrew McCabe and Peter Strzok. Court has cause to throw this whole thing out.

— Kimberley Strassel (@KimStrassel) December 12, 2018

This is encouraging news. See our editorial from tonight, The Flynn Entrapment: https://t.co/QvICXkrTnE

— Kimberley Strassel (@KimStrassel) December 13, 2018